VAN DER WESTHUIZEN J Appropriate sentence [48] The misdirection was sufficiently serious that the sentence has to be set aside. However, would life imprisonment not in any event have been appropriate? [49] The amicus informed us that on the reported case law life sentences imposed on children do not stand up to scrutiny on appeal. The DPP stated that children are often sentenced to life imprisonment, but that these cases are not reported. Although we can perhaps accept that life imprisonment may in some cases be appropriate for a person under the age of 18, it is clear that in order to sentence a child to life imprisonment the court must give very strong reasons and show that the possibility of rehabilitation has been properly investigated. The amicus submitted that it can only happen under very exceptional circumstances. This must be correct. [50] Are Mr Mpofu’s circumstances highly exceptional? The crime is very serious and he has a previous conviction for robbery. But I am not able to conclude that a life sentence for a child was acceptable in this case, particularly because section 28(1)(g) of the Constitution states that every child has the right not to be detained except as a measure of last resort and only for the shortest appropriate period of time.33 [51] What sentence would then be appropriate? Should this Court, on appeal, impose an appropriate sentence or refer the matter back to the High Court to reinvestigate the issue of the applicant’s age, perhaps even by hearing further evidence, 33 Quoted above n 3. 22